As used in this article, the following terms shall have the
following meanings:
means any space in the public right-of-way in which a shared
micromobility device may be parked in compliance with this chapter.
means a stationary fixture, including charging stations,
intended to be used for securely attaching a shared micromobility
device to prevent movement or theft.
means the city manager or designee.
means any person using a bicycle- or scooter-share device.
means the city's director of community development department
or designee.
means the city's director of public works or designee.
means a bicycle, electric bicycle, or scooter that is made
available to the public by a shared mobility service provider for
shared use and transportation in exchange for financial compensation
via a digital application or other electronic or digital platform.
means all shared micromobility devices operated by a specific
shared micromobility device provider.
means a person or entity that offers, makes available, or
provides a shared mobility device in exchange for financial compensation
or membership via a digital application or other electronic or digital
platform.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
(a)
No
person shall operate a shared micromobility device business unless
the person holds a valid shared micromobility device business permit
issued pursuant to this article, and enters into an agreement regarding
the same, which shall constitute part of the permit.
(b)
Shared
micromobility device business permits are the property of the city
and are not transferable.
(c)
The
city, in its sole discretion, may determine how many permit(s) to
issue.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
An application for a shared micromobility device business permit
or its renewal shall be filed with the department of public works
on a form prescribed by the director of public works, approved by
the city manager, and shall include, at minimum:
(a)
The
applicant's true name, address, and telephone number; and the true
and fictitious name, address, and telephone number of the shared micromobility
device operator;
(b)
Written
evidence that the applicant is an owner or legal representative of
the bicycle-share business;
(c)
The
name, address, and telephone number of a local point of contact;
(d)
A
copy of a valid business license issued by the city;
(e)
Proof
of compliance with the insurance requirements set forth in this article;
(f)
A
nonrefundable shared micromobility device business permit application
fee; and
(g)
Such
other material as the city manager or director of public works may
require to carry out the purposes of this chapter.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
Shared micromobility device business permits are valid for one year, unless suspended or revoked sooner. Shared micromobility device business permits may be renewed pursuant to Section 6.05.070.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
(a)
No
shared micromobility device operator shall expand its shared micromobility
device fleet beyond the permitted amount specified in the shared micromobility
device business permit, until such expansion has been approved by
the director of public works pursuant to this article.
(b)
An
application to expand a shared micromobility device fleet shall be
filed with the department of public works on a form prescribed by
the director of public works.
(c)
Every
application for expansion of a shared micromobility device fleet shall
be accompanied by a nonrefundable fleet expansion fee.
(d)
Notwithstanding
any provision to the contrary in this chapter, the city reserves the
right to limit the number of shared micromobility devices to be operated
by the shared micromobility device operator, based on the projected
impact to city streets, sidewalks, paths, driveways, doorways, and
other avenues of vehicular and pedestrian traffic.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
A shared micromobility device business permit is renewable upon
the filing and approval of a renewal application and payment of the
nonrefundable permit renewal fee. The renewal application shall be
on a form prescribed by the city manager.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
Except as provided in Section 6.05.130, a shared micromobility device business permit may be issued or renewed if there are no grounds for denial in accordance with Section 6.05.090, and after the director of public works has:
(a)
Physically
inspected the applicant's shared micromobility devices to ensure compliance
with this article and applicable state laws; provided, however, that
the director of public works may accept proof of compliance with this
chapter and the applicable state requirements for operating a shared
micromobility device in lieu of conducting an inspection; and
(b)
Received
a determination from the director of community development that the
proposed shared micromobility device business location and storage
location, if within the city, complies with applicable zoning regulations
and other applicable laws; and
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
The director of public works may deny an application for a shared
micromobility device business permit or its renewal on the following
grounds:
(a)
The
application is incomplete.
(b)
The
applicant is in violation of any provision of this article.
(c)
The
applicant is delinquent on any payment of money to the city, including
any fees, fines, penalties, or taxes.
(d)
The
applicant has had its shared micromobility device business permit
revoked within three years of the date the application was submitted.
(e)
The
applicant's operation of a shared micromobility device would be a
threat to the public health, safety or welfare.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
(a)
A
shared micromobility device operator shall maintain at all times in
full force and effect at its sole expense, the following minimum insurance:
(1)
General liability for bodily injury, including death, of one or more
persons, property damage, and personal injury. Coverage shall include
all customers, and shall be at least as broad as ISO CGL Form 00 01
on an occurrence basis for bodily injury, including death, of one
or more persons, property damage and personal injury, with limits
of not less than one million dollars per occurrence and not less than
five million dollars aggregate for all occurrences during the policy
period.
(2)
Automobile liability insurance providing protection against claims
of bodily injury, including death, of one or more persons, personal
injury, and property damage arising out of ownership, operation, maintenance,
or use of owned, hired, and non-owned automobiles. Coverage shall
be at least as broad as ISO CA 00 01 (any auto), with limits of not
less than one million dollars per accident.
(b)
The
city, its officials, and employees shall be covered by policy terms
or endorsement as additional insureds regarding general liability
and automobile liability arising out of activities performed by or
on behalf of the shared micromobility device operator.
(c)
The
shared micromobility device operator's insurance coverage shall be
primary insurance as it pertains to the city, its officials, and employees.
(d)
The
city must be provided with thirty days' prior written notice of cancellation
or material change in the policy language or terms by both the shared
micromobility device operator and the insurer.
(e)
The
shared micromobility device operator shall furnish the city with certificates
and endorsements evidencing the insurance required, which must be
maintained during the term of a shared micromobility device business
permit. The city may suspend, modify, or revoke a shared micromobility
device operator's vehicle permit if current certificates of insurance
and required endorsements have not been provided.
(f)
Notwithstanding
the above, the city may, in its sole discretion, determine that different
or greater insurance requirements are necessary for the public health
and safety.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
(a)
No
person shall operate a shared micromobility device business unless
and until they have provided and maintain at least one and one-half
bicycle parking spaces in the city for every shared micromobility
device bicycle to be operated by the shared micromobility device operator,
as approved by the city. The bicycle parking spaces shall be provided
on bicycle racks that satisfy the city's bicycle parking standards,
to the satisfaction of the director of public works. Notwithstanding
the above, the city manager may waive the parking requirements in
this subsection.
(b)
In
approving a shared micromobility device operator's proposed bicycle
parking spaces, the director of public works shall consider, and may
condition approval, on the following:
(1)
The proposed size, materials, and location of the bicycle racks,
consistent with all applicable zoning requirements and city regulations;
(2)
The placement of the racks so as not to obstruct the public's use
of the sidewalk and/or street;
(3)
Any other conditions as may be necessary for protection of the public
safety and welfare.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
A shared micromobility device operator, or authorized agent,
shall, within ninety minutes of notice from the city, retrieve their
shared micromobility devices that are in any of the following conditions:
(a)
Shared
micromobility device that are inoperable or not safe to operate, and
parked in the public right-of-way;
(b)
Within
downtown, a shared micromobility device that is not locked to a bicycle
rack in an upright position, or that otherwise violates city bicycle
parking and use regulations;
(c)
Shared
micromobility devices with a battery or motor determined by the city
to be unsafe for public use.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
The director of public works may suspend, revoke, or modify
any shared micromobility device business permit issued pursuant to
this article on any of the following grounds:
(a)
That
the permitted shared micromobility device business is being operated
in a manner that constitutes a nuisance, or is injurious to the public
health, safety, or welfare;
(b)
The
operation of the shared micromobility device violates any condition
of the permit or city approved application and plans, including any
conditions or requirements imposed in an encroachment permit obtained
for providing device parking spaces;
(c)
The
shared micromobility device operator fails to pay any fines, penalties,
fees or damages lawfully assessed upon it;
(d)
The
shared micromobility device operator violates any provision of this
article or any other applicable law;
(e)
The shared micromobility device operator fails to collect its shared micromobility devices from the city within thirty calendar days of receiving written notice from the city of impoundment pursuant to Section 6.05.150 of this Code; or
(f)
Circumstances
that would have been grounds for denial of the permit application.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
Any applicant or permittee aggrieved by a decision of the director
of public works in denying, suspending, modifying or revoking a permit,
or imposing conditions on the issuance of a permit or permit renewal,
may appeal the decision to the city manager in accordance with the
following procedures:
(a)
Appeal
to city manager or designee.
(1)
Any applicant or permittee who desires to appeal a decision of the
director of public works may appeal the decision by submitting a written
appeal to the city manager within ten calendar days from the date
of service of the notice of denial, suspension, modification, revocation,
or conditioned approval or renewal. The written appeal shall contain:
(A)
A brief statement in ordinary and concise language of the specific
decision or condition protested, together with any material facts
claimed to support the contentions of the appellant;
(B)
A brief statement in ordinary and concise language of the relief
sought, and the reasons why it is claimed the protested action should
be reversed or otherwise set aside;
(C)
The signatures of all parties named as appellants and their official
mailing addresses; and
(D)
The verification (by declaration under penalty of perjury) of at
least one appellant as to the truth of the matters stated in the appeal.
(2)
Upon receipt of a timely filed appeal, the city manager may hire
or appoint a hearing officer or may serve as the hearing officer.
(3)
Upon receipt of any appeal filed pursuant to this section, the hearing
officer shall calendar it for hearing within fifteen calendar days.
(4)
Written notice of the time and place of the hearing shall be given
at least seven calendar days prior to the date of the hearing to each
named appellant either by causing a copy of such notice to be delivered
to the appellant personally or by mailing a copy thereof, postage
prepaid, addressed to the appellant at the address(es) shown on the
appeal.
(5)
Failure of any person to timely file an appeal in accordance with
the provisions of this section shall constitute an irrevocable waiver
of the right to an administrative hearing and a final adjudication
of the notice and decision, or any portion thereof.
(6)
Only those matters or issues specifically raised by the appellant
in the appeal notice shall be considered in the hearing of the appeal.
(7)
In the case of a suspension, modification, or revocation of a permit
or permit renewal, the permittee may continue to conduct bicycle-share
business operations during the pendency of any appeal.
(b)
Hearings—Generally.
(1)
At the time set for hearing, the hearing officer shall proceed to
hear the testimony of the director of public works, the appellant,
and other competent persons, including members of the public, respecting
those matters or issues specifically raised by the appellant in the
notice of appeal.
(2)
The proceedings at the hearing shall be electronically recorded.
Either party may provide a certified shorthand reporter to maintain
a record of the proceedings at the party's own expense.
(3)
The hearing officer may, upon request of the appellant or upon request
of the city, grant continuances from time to time for good cause shown,
or upon his or her own motion.
(4)
In any proceedings under this article, the hearing officer has the
power to administer oaths and affirmations and to certify to official
acts.
(c)
Conduct
of hearing.
(1)
Hearings need not be conducted according to the technical rules relating
to evidence and witnesses.
(2)
Oral evidence shall be taken only upon oath or affirmation.
(3)
Any relevant evidence shall be admitted if it is the sort of evidence
on which responsible persons are accustomed to rely in the conduct
of serious affairs, regardless of the existence of any common law
or statutory rule which might make improper the admission of the evidence
over objection in civil actions.
(4)
The hearing officer has discretion to exclude evidence if its probative
value is substantially outweighed by the probability that its admission
will necessitate undue consumption of time.
(5)
Hearsay evidence may be used for the purpose of supplementing or
explaining other evidence but over timely objection shall not be sufficient
in itself to support a finding unless it would be admissible over
objection in civil actions. An objection is timely if made before
submission of the case or on reconsideration.
(6)
Each party shall have these rights, among others:
(A)
To call and examine witnesses on any matter relevant to the issues
of the hearing;
(B)
To introduce documentary and physical evidence;
(C)
To cross-examine opposing witnesses on any matter relevant to the
issues of the hearing;
(D)
To impeach any witness regardless of which party first called the
witness to testify;
(E)
To rebut the evidence presented against the party; and
(F)
To represent him, her, or itself or to be represented by anyone of
his, her, or its choice who is lawfully permitted to do so.
(7)
In reaching a decision, official notice may be taken, either before
or after submission of the case for decision, of any fact that may
be judicially noticed by the courts of this state or that may appear
in any of the official records of the city or any of its departments.
(d)
Form
and contents of decision—Finality of decision.
(1)
If it is shown, by a preponderance of the evidence, that one or more
bases exist to deny, suspend, modify, or revoke the permit, the hearing
officer shall affirm the director of public works' decision to deny,
suspend, modify, revoke or condition the permit. Following the hearing
and after reviewing the testimony and evidence presented at the hearing,
the city manager shall issue a decision, or if the city manager appointed
a hearing officer, the hearing officer shall issue a recommendation
to the city manager, regarding the propriety of the director of public
works' determination. The decision or recommendation shall be in writing
and shall contain findings of fact and a determination of the issues
presented. The city manager shall accept, amend and accept, or reject
a hearing officer's recommendation.
(2)
The city manager's determination of the appeal shall be final.
(3)
The final decision shall inform the appellant that the decision is
a final decision and that the time for judicial review is governed
by California Code of Civil Procedure Section 1094.6. Copies of the
decision shall be delivered to the appellant personally or sent by
certified mail to the address shown on the appeal within ten business
days following the conclusion of the hearing.
(4)
The decision shall be final when signed by the city manager and served
as provided in this section.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
(a)
The city may impound shared micromobility devices that are not retrieved by the shared micromobility device operator pursuant to Section 6.05.120 or as provided for in the Vehicle Code. The city may impound devices immediately if the device is obstructing the sidewalk or presents a public safety concern.
(b)
If
the city incurs any costs for impounding shared micromobility devices
pursuant to this section, the shared micromobility device operator
shall reimburse the city for the costs of impoundment within thirty
calendar days from the date of written notice of the impoundment from
the city.
(c)
In
addition to the remedies provided in this section, the shared micromobility
device business permit may be revoked or suspended for failure to
collect the impounded shared micromobility device after thirty calendar
days from the city's written notice of impoundment.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
(a)
In
addition to any other remedy allowed by law, any person who violates
a provision of this article may be subject to criminal sanctions,
civil actions, and administrative penalties pursuant to Article 1.02
of this Code.
(b)
Violations
of this article are hereby declared to be a public nuisance.
(c)
All
remedies prescribed under this chapter are cumulative and the election
of one or more remedies does not bar the city from the pursuit of
any other remedy to enforce this article.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
(a)
Shared
micromobility devices that are electric bicycles and scooters as defined
in California Vehicle Code shall be equipped with software or other
mechanisms to prevent the motor from providing assistance when the
device's speed exceeds fifteen miles per hour.
(b)
Shared
micromobility device operators shall additionally ensure that customers
are informed of the following:
(1)
Customers shall use bicycle and scooter share devices in accordance
with all applicable city ordinances, regulations, and state law applicable
to bicycles and electric bicycles.
(2)
Within the downtown, customers shall properly secure shared micromobility
device bicycles to racks, and shall not leave a shared micromobility
device bicycle unattended and lying on its side on any portion of
a sidewalk, street or highway so as to obstruct pedestrian or vehicular
travel. Shared micromobility devices parked outside of downtown are
permitted to park on the street perpendicular to the curb, like a
motorcycle.
(3)
Customers under age eighteen are required by California law to wear
a bicycle helmet.
(Ord. 2529 § 2, 2018; Ord. 2630 § 1, 2022; Ord. 2661, 7/9/2024)
